Christina Aguilera arrested for public drunkenness, won't be prosecuted

(CBS/AP) WEST HOLLYWOOD, Calif. - Police say Christina Aguilera will not be prosecuted after her arrest on Tuesday morning by Los Angeles sheriff's deputies on suspicion of public drunkenness while riding back from a West Hollywood club.

Police say they pulled over a car at about 2:45 a.m. in which 30-year-old singer was sitting in the passenger's seat.

Police say they smelled alcohol on the breath of the driver, Aguilera's boyfriend 25-year-old Matthew Rutler, and a field sobriety test found him to have a blood-alcohol level of 0.09 percent, Sheriff's spokesman Steve Whitmore said.

In California, a driver is legally under the influence at or above 0.08 percent.

Aguilera was given a breath test but the results will not be made public because she had no criminal intent and will not be prosecuted, according to officials.

Rutler was arrested on suspicion of DUI. Aguilera was arrested on suspicion of being drunk in public.

Aguilera was released from the back of the station at about 7:30 a.m., avoiding a cluster of paparazzi out front. She was driven home by an acquaintance who may have been a bodyguard, Whitmore said. The misdemeanor arrest will remain on her record.

Rutler was released on $5000 bail.

California law allows deputies to detain intoxicated people for their own welfare until they sober up, without having any intention of prosecuting them, Los Angeles County sheriff's Deputy Bill McSweeney said.